HomeMy WebLinkAbout1986-08-12; City Council; 8728; CONSULTANT AGREEMENT FOR REMODELING OF CITY HALL. 0.
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CONSULTANT AGREEMENT FOR CITY All7 REMODELING OF CITY HALL MTG.-6
DEPT..MP- CITY MGA
RECOMMENDED ACTION:
-- - CI~OF CARLSBAD - AGEN~ILL
Adopt Resolution No. 874 0 approving the attached consulta
agreement with Rob Quigley and Associates to perfo
architectural services for the remodeling of City Hall.
ITEM EXPLANATION:
In the 1986-87 C.I.P. budget, the City Council appropriated fun(
to remodel City Hall following relocation of the Communi
Services Departments to the Las Palmas facility and the Polic
Department to the Public Safety and Service Center. A spa(
planning layout has been completed by Michael Feerer ai
Associates (reference attached diagrams) which will consolida
the remaining City Council, City Attorney, City Manager, ai
technical support offices into the vacated office space. Sho
of a major and expensive reconstruction effort, the planning ai design approach adopted was to remodel within the existii facility framework maximizing the utility of the available spat and minimizing cost and disruption of administrative operations
The architect, Rob Quigley and Associates, will prepare t
necessary drawings and specifications for bidding in accordan
with the City's building and purchasing requirement:
Additionally, the architect will coordinate the electrical
mechanical, and structural engineering phases of the remodelins
The style, quality, and color of all floor and wall treatmenl
will be submitted and approved by the City prior to bidding tt
im pr ov ement s .
In addition to a remodeling of the City Hall facility, tl
architect will address minor interior modifications to tt modular office units fronting Elm Avenue resulting in expandc
work area for the Purchasing Department's office personnel ar
supply stores.
Proposed modifications to the City Council Chambers incluc
bringing the restrooms to current handicapped standards mandatc
by State and local building codes, constructing a small pre! room equipped with television monitor and work area, installir
floor to ceiling glass panels and doors at the rear of tt
Chambers separating the lobby from the interior seating are; installing a series of large mobile display panels along the we:
wall, and installing mounted remote camera cradles in three (:
locations to enable Carlsbad Cablevision to operate thej
equipment from an adjacent mobile television vehicle.
The architect will return plans and specifications within one ('
month at which time the City will bid the remodelir
improvements.
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Page Two of Agenda Bill No. 872k
FISCAL IMPACT:
The City Council has appropriated $200,000 in the 1986-87 C.1.I
budget to remodel City Hall. This estimate was assembled sever
months ago with a scope of work limited to interior improvemen
in the vacated City Hall, exclusive of an assessment of t
modular office units and Council Chambers. In reevaluating th
project, staff expanded the original scope of work to inclul
both the modular office units and the Council Chambers to ta
advantage of the opportunity to address much needed improvemen
in both of these areas in the most economical manner possibl
The exact cost of the expanded remodeling project will
determined at the time of receiving bids and subsequent review I the City Council,
The attached consultant agreement incorporates the fee propos< to be paid on a hourly basis at the rates quoted not to exceed
negotiated maximum of $39,585.00.
EXHIBITS :
1. Remodeling diagram.
2. Resolution No. 87 qo approving the consultant agreement.
3. Consultant agreement with scope of work and fee proposal.
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RESOLUTION NO. 8740
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROV'ING
A CONSULTANT AGREEMENT FOR AN ARCHITECTURAL
REMODELING OF THE CITY HALL,
WHEREAS, the City of Carlsbad has solicited proposals f
an architectural remodeling of City Hall; and
WHEREAS, prospective firms were required to subm
qualifications statements, support information, and a scope
work proposal: and
WHEREAS, the recommended firm of Rob Quigley a
Associates possesses the skills, background, and experti:
necessary to accomplish the remodeling; and
WHEREAS, The City Council has previously appropriatc
funds in the amount of $200,000 in the 1986-87 C.I.P. budge
for the remodeling.
NOW, THEREFORE, BE IT RESOLVED by the City Council of tt
City of Carlsbad, California;
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1 . 1, That the above recitations are true .and correct.
i 2. That the agreement with the firm of Rob Quigley an
Associates attached hereto as Exhibit A is hereby approved.
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3. That the Mayor is authorized and direted to enter in
an agreement with the firm of Rob Quigley and Associates
behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of t
Carlsbad City Council held on the 12th day of August
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: FJone
ABSENT: None 2 H. CASLER, Mayor ATTEST:
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I ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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AGREEMENT FOR ARCHITECTURAL CONSULTANT SERVICES
THIS AGREEMENT, made and entered into as of the Ist day of August, 1986, by
and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred
to as 'Tity,'' and Rob Wellington Quigley and Associates hereinafter referred to
as "Consult ant. 'I
RECITALS
City requires the services of an architectural consultant to provide the
necessary architectural services for a remodeling of current municipal
facilities; and
Consultant possesses the necessary skills and qualifications to provide the
services required by City;
' NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and a Consultant agree as follows:
( I ) CONSULTANT'S OBLIGATIONS
The Consultant shall provide architectural consultant services to the City
in accordance with the "City Hall Remodel Proposal" attached hereto which is
incorporated by reference and made a part of this agreement. Said services
shall be performed diligently, in a professional manner, and in accordance with
the terms and conditions of this agreement under the direction of the City
Manager or his authorized representative.
( 2) CITY OBLIGATIONS
The City shall pay the Consultant in accordance with paragraphs (4) and (5)
of this agreement upon receipt of invoices submitted by the Consultant and
approved by the City.
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( 3) PROGRESS AND COMPLETION
The work under this contrdct will begin immediately upon receipt of
notification to proceed by the City and be completed within thirty (30) calendar
days of that date. Extensions of time may be granted if requested by the
Consultant and agreed to in writing by the City Manager. In consideration of
such requests, the City Hanager will give allowance for documented and
substantiated unforeseeable and unavoidable delays not caused by a lack of
foresiqht on the part of the Consultant, or delays caused by City inaction or
other agencies' lack of timely action.
(4)
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FEES TO BE PAID TO CONSULTANT
The fee payable to the Consultant by the City shall be calculated by the
hours and rates in accordance with the section of the attached "City Hall
Remodel Proposal" entitled "Feerr. No other compensation for services will be
allowed except those items covered by supplemental agreements per paragraph (6),
CHANGES IN WORK.
(5) PAYMENT OF FEES
Payment of fees shall be made within fifteen (15) days after receipt and.
approval of invoices submitted by Consultant to City. All invoices shall be
detailed and include a written description of the work performed in accordance
with the "City Hall Remodel Proposal", dates, hours worked, hourly rate, and
total amount of requested payment. Because of the relatively short period of
time for performance of this agreement, all fees will be payable at the time of
completion of the scope of work.
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It is understood that if the project is resumed after being suspended for
more than sixty (60) days, the Consultant's compensation shall be subject to
renegotiation based upon adjustments to billing rates that have occurred in the
interim.
(6) CHANGES IN WORK
If, in the course of this contract, changes seem merited by the Consultant
or the City, and informal consultations with the other party indicate that a
change in the conditions of the contract is warranted, the Consultant or the
City may request a change in contract. Such changes shall be processed by the
City in the following manner: A letter outlining the required changes shall be
forwarded to the City or Consultant to inform them of the proposed changes along
with a statement of estimated changes in charges or time schedule. After
reaching mutual agreement on the proposal, a supplemental agreement shall be
prepared by the City and approved by the City Council. Such supplemental
agreement shall not render ineffective or invalidate unaffected portions of the
agreement. Changes requiring immediate action by the Consultant or City shall
be ordered by the City Manager who will inform a principal of the Consultant's
firm of the necessity of such action and follow up with a supplemental agreement
covering such work.
(7) NON-COLLUSION CLAUSE
The Consultant warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Consultant,
to solicit or secure this agreement, and that Consultant has not paid or agreed
to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making this agreement. For
breach or violation of this warranty, the City shall have the right to annul
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this agreement without liability? or, in its discretion, to deduct from the
agreement price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift or continqent fee.
(8) NON-DISCRIMINATION CLAUSE
. The Consultant shall comply with applicable State and Federal laws
regarding non-discrimination.
(9) TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver, or perform
the work as provided for in this contract, the City may terminate this contract
for nonperformance by notifying the Consultant by certified mail of the
termination of the contract. The Consultant, thereupon, has five (5) working
days to deliver said documents owned by the City and all work in progress to the
City Manager. The City Manager shall make a determination of fact based upon
the documents delivered to City of the percentage of work which the Consultant
has performed which is usable and of worth to the City in having the contract
completed. Based upon that finding as reported to the City Council, the Council
shall determine the final payment of the contract.
(IO) DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact
or interpretation not otherwise settled by agreement between parties. Such
questions, if they become identified as a part of a dispute among persons
operating under the provisions of this contract, shall be reduced to writing by
the Consultant or the City Manager. A copy of such documented dispute shall be
forwarded to both parties involved along with recommended methods of resolution
which would be of benefit to both parties. The City Manager or the Consultant
receiving the letter shall reply to the letter along with a recommended method
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of resolution within ten days. If the resolution thus obtained is
unsatisfactory to the aggrieved party, a letter outlining the dispute shall be
forwarded to the City Council for their resolution through the office of the
City Attorney. The City Council may then opt to consider the directed solution
to the problem. In such cases, the action of the City Council shall be binding
upon the parties involved, although nothing in this procedure shall prohibit the
'parties seeking remedies available to them at law.
(11) SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party, In the event of such suspension or
termination, upon request of the City, the Consultant shall assemble the work
product and put same in order for proper filing and closing and deliver said
product to City. In the event of termination, the Consultant shall be paid for
work performed to the terminatlon date; however, the total shall not exceed the
guaranteed total maximum. The City shall make the final determination as to the
portions of tasks completed and the compensation to be made. Compensation to be
made in compliance with the Code of Federal Regulations.
(12) STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in
Consultant's own way as an independent contractor and in pursuit of Consultant's
independent calling, and not as an employee of the City. Consultant shall be
under control of the City only as to the result to be accomplished and the
personnel assigned to the project, but shall consult with the City as provided
for' in the request for proposal.
(13) ROLE OF THE CONSULTANT
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The Consultant will provide planning and programming to the City for this
For this scope of work, the Consultant will not practice architecture, project.
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engineering, nor any building trddes, and assumes no liability normdlly
associated with such professions and trades.
(14) OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and specifications ds
herein produced as a result of this agreement are the property of the City,
whether the work for which they are made be executed or not. In the event this
contract is terminated, all documents, plans, specifications, drawings, reports
and studies shall be delivered forthwith to the City. Consultant shall have the
right to make copies of all documents for his/her records. The Consultant may
show to others selected items from reports and documents as part of business
development. The Consultant warrants that display of this information will not
cause harm to the City.
( 15 j HOLD HARMLESS AGREEMENT
The City, its agents, officers and employees shall not be liable for any
claims, liabilities, penalties, fines, or any damage to goods, properties, or
effects of any person whatever, nor for personal injuries or death caused by, or
resulting from, or claimed to have been caused by, or resulting from, any act or
omission of Consultant or Consultant's agents, employees or representatives.
Consultant agrees to defend, indemnify and save free and harmless the City and
its authorized agents, officers, and employees against any of the foregoing
1iabiJities or claims of any kind and any cost and expense that is incurred by
the City on account of any of the foregoing liabilities, unless the liability or
claim is due, or arises out of, solely to the City's negligence.
( 16 ) ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any -.* .
monies due thereunder without the prior written consent of the City.
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( 17) SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under
this contract by the Consultant, Consultant shall be fully responsible to the
City for the acts and omissions of Consultant's subcontractor and of the persons
either directly or indirectly employed by the subcontractor, as Consultant is
for NQthing
contained in this contract shall create any contractual relationship between any
subcontractor of Consultant and the City. The Consultant shall bind every
subcontractor and every subcontractor of a subcontractor by the terms of this
contract applicable to Consultant's work unless specifically noted to the
contrary in the subcontract in question approved in writing by the City.
( 18) PROHIBITED INTEREST
the acts and omissions of persons directly employed by Consultant.
No official of the City who is authorized in such capacity on behalf of the
City to negotiate, make, accept, or approve, or take part in negotiating,
making, accepting, or approving of any architectural, engineering inspection,
construction or material supply contractor, or any Subcontractor in connection
with the construction of the project, shall become directly or indirectly
interested personally in this contract or in any part thereof. No officer,
employee, architect, attorney, engineer, or inspector of or for the City who is
authorized in such capacity and on behalf of the City to exercise any executive,
supervisory, or other similar functions in connection with the performance of
this contract shall become directly or indirectly interested personally in this
contract or any part thereof.
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( 19) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of
the City, either before, during, or after the execution of this contract, shall
affect or modify any of the terms or obligations herein contained nor such
verbal agreement or conversation entitle the Consultant to any additional
payment whatsoever under the terms of this contract.
(20) SUCCESSORS OR ASSIGNS
Subject to the provisions of paragraph (151, Hold Harmless Agreement, all
terms, conditions, and provisions hereof shall insure to and shall bind each of
the parties hereto, and each of their respective heirs, executors,
administrators, successors and assigns.
(21) BUSINESS LICENSE REQUIRED
. Prior to beginning work, the Consultant shall secure a City of Carlsbad
business license and pay the appropriate fee for said license in accordance with
Section 5.04.020 of the Carlsbad Municipal Code.
(22) EFFECTIVE DATE
This agreement shall be effective on and from the day and year first above
writ ten.
(23) CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement with the City
Clerk of the City of Carlsbad, The Consultant shall report investments or
interests in real property.
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(23) CONFLICT OF INTEREST
The Consultant shall file a conflict of interest statement with the City
Clerk of the City of Carlsbad. The Consultant shall report investments or
interests in real property.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF CARLSBAD
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City Clerk
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CITY HALL REMODEL CITY OF CARLSBAD 7/3 1/86
This fee proposal is based on the conceptual plans presented by Michael Feerer on August 1,1986. We underst,and the City will provide us and our consultants with as-built
handicapped bathrooms in the main building as preliminarily approved by the Carlsbad Building Dept. Any changes to these plans requested by the City after the start of work will be considered an additional service.
SCOPE OF SERVICES:
We agree to prepare drawings for use by a contractor to remodel the existing City Hall. The following services will be included:
drawings to begin work. This is also based on the requirement for only one set of new
. On-site survey to determine what materials and equipment can be re-used (such as heating, air conditioning, electrical, walls, ceilings, doors, metal studs, etc.).
Furniture layout - we will made a preliminary Furniture layout and meet with the department heads for their review and approval.
Material selections - floor covering, lighting fixtures, ceiling finish, color and
cabinetry. Upgrade or substitution of new furniture is also included.
Working drawings will consist of a minimal set of drawings necessary for the contractor to build the project. Where possible, notes or photos will be used instead of drawings.
The following architectural contract documents will be delivered to John Cahill within one month from notice to proceed
1. Schedules and Notes 2. Demolition Plan 3. FloorPlans 4. FurniturePlan 5. Reflected Ceiling Plans 6. Interior Elevations (New Handicapped Bathrooms, Council Chamber Screen Wall, Counters, Cabinets) 7. Details
9. Color and Paint Schedule
Contractor interface during design/working drawings phase for input on methods, costs, etc.
Construction observation (10 site visits budgeted).
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paint schedule, furniture selection as needed for new spaces, signage and
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8. Outline Specifications
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. Not included:
1. Site improvements 2. Renderings, presentation drawings, or models
3. As-Built drawings - if changes are made during construction, the time necessary to update the plans to reflect these changes would be billed hourly as an extra.
. Progress plans will be submitted periodically to John Cahill and Frank Mannan for review and approval. There will be limit of 5 review meetings with John and Frank and one presentation to the City Council.
The completed plans will be submitted to the City's Building Inspection Department for approval. We understand that this process will be expedited by John. We will make necessary corrections to the plans to obtain a building
permit.
Mechanical Engineering - The following mechanical plans will be prepared by our consultants:
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1 - Legend/Schedules/Detls 2. Demolition Floor Plans 3. New Floor Plans 4. Demolition and New 1/4" Plumbing Plans
Electrical Engineering - The following electricalflighting plans will be prepared by our consultants:
1. Symbols/Notes/Schedules 2. Demoliton Power Plan 3. Demoliton Lighting Plan 4. New Lighting Plan 5. New Power Plan
Structural Engineering - Our consultant will make an on-site survey of the trailer modules that are to remain to determine whether they meet seismic and structural codes.
The City will supply us with the most current plans, a detailed list of equipment and power requirements, and their boiler-plate specifications.
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Fee:
We estimate that the cost of the work described above can be performed for a maximum fee
of $39,585. The fee estimate is broken down as follows:
Architectural $16,885.00 Space PlanningFuniture Layout 5,950.00 Interior Design 4,000.00 Mechanical Engineering 6,250.00
Electrical Engineering 6,000.00 Structural Engineering 300.00
Total $3 9,5 85 .OO
Reimbursable Expenses 200.00
We would bill hourly to this maximum amount. We have told our consultants that the City
expects very minimal drawings. However, the drawings must be adequate for bidding and construction purposes.
Consultants:
Space Planning//Funiture Layout
Interior Design Kathleen McComick Mechanical Engineering Electrical Engineering Structural Engineering
Hourly Rates:
Principal $70/hour Project Architecfingineer $501 hour
Draftsman $35lhour
Michael Feerer & Associates
Fred Cirnmins, EC Engineering Bill Rattan, Turpin & Rattan Mike Firouzi, AMs Engineering
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